If you were married and you cannot agree on how to divide your property, you will need to apply to either the Family Court or the Federal Circuit Court and the property will be divided according to the Family Law Act.  If you are in Western Australia, you will apply to the Family Court of Western Australia.

If you were in a de facto relationship and you cannot agree on how to divide your property, you will also need to apply to either the Family Court or the Federal Circuit Court and the property will be divided according to the Family Law Act.  If you are in Western Australia, you will apply to the Family Court of Western Australia.

(If your de facto relationship ended before 1 March 2009 you should seek legal advice as the law is different).

When working out how to divide property, the law looks at everything the couple owns and earns (including superannuation and debts), and divides these according to what it considers to be fair. (In Western Australia, superannuation is not split between de facto couples).

In Australia, the law does not look at why the parties have separated or whose fault it is. Dividing property is not about who is right or who is wrong.

Family violence (also known as domestic violence) within the relationship can affect the way the law works. It is important to let your lawyer know if you have experienced, or are experiencing, family violence.